Ordinance No. 82-18 CITY OF TIGARD, OREGON
ORDINANCE No. 82
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF MARCH 22,
1982, WITH RESPECT TO S.W. HOODVIEW SANITARY SEWER IMPROVEMENT DISTRICT (L.I.D, 432);
APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION
OF SAID SANITARY SEWER SYSTEM; DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO;
DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION; PROVIDING FOR THE MAKING OF SAID
IMPROVEMENTS, AND DECLARING AN EMERGENCY.
WHEREAS, a resolution was duly passed by the City Council of the City of
Tigard at its regular meeting of March 22, 1982, copy whereof is hereto attached and by
this reference made a part hereof to the same legal force and effect as if set forth
herein in full, by the terms of which the boundaries of a proposed sewer improvement
assessment district were described, and the Council declared its intention to construct
a sanitary sewer system and to assess the costs thereof against the property within
the boundaries specially benefited; and
WHEREAS, by the terms of said resolution a hearing was duly called to be
held in Fowler Junior High School, 10865 SW Walnut Street, Tigard, Oregon, on April 12,
1982, at the hour of 8:00 P.M. for the purpose of affording an opportunity to any parties
aggrieved by the proposal to make objections or remonstrances to the proposed improve-
ment; and
WHEREAS, pursuant to said resolution, due and legal notice of said hearing was
given by publication in the Tigard Times for consecutive publishings on April 1, 1982
and April 18, 1982, prior to said hearings; and
WHEREAS, said hearing was duly and regularly called to order and held in
Fowler Junior High School at 10865 SW Walnut Street, Tigard, Oregon, on April 12, 1982,
at the hour of 8:00 P.M.; and
WHEREAS, by the terms of said resolution and publication, written objections
or remonstrances from the owners of not less than 66 2/3% of the property within the
boundaries of said area were invited, and all objections and remonstrances as thus
presented prior to and at the hearing represent the owners of less than 66 2/3% of the
property in the area within the improvement assessment district and that the percentage
of remonstrances is not a ban to further proceedings in the making of said improvements;
and
WHEREAS, all proceedings to date have been in conformity with 223.387 and
223.359 Oregon Revised Statutes and Tigard Municipal Code, Chapter 13 of the City of
Tigard, and all procedures were regularly and lawfully conducted;
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
. ORDINANCE NO. 81-
Page 1
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Section 1: That all matters set forth in the resolution of the City Council of the
City of Tigard, Oregon on March 22, 1982, a copy whereof is hereto attached
marked Exhibit "A" and by reference herein made a part hereof to the same legal force
and effect as if set forth herein in full, be, and the same are hereby approved,
ratified and confirmed, and the boundaries of the area known as SW Hoodview Sanitary
Sewer Improvement District as heretofore described in said resolution, be, and the same
are hereby declared and fixed in accordance with said description.
Section 2: That the City Council of the City of Tigard, having acquired jurisdiction
or order the improvement to be made, does hereby authorize and direct
the construction of a sanitary sewer line within the boundaries of said S.W. Hoodview
Sanitary Sewer Improvement District in conformity in all reasonable particulars with
the plans and specifications by said resolution adopted and hereby ratified and confirmed.
Section 3: That the City Administrator and the City Engineer be, and they are hereby,
directed immediately to invite proposals for the construction of said
improvements by publication in the Tigard Times in not less than two consecutive issues,
the first publication to be not less than ten (10) days prior to the 7th day of May,
1982, at the hour of 2:30 P.M., which date and time is hereby designated for the open-
ing of bids in the City of Tigard, Oregon, City Hall, all proposals to be then and
there publicly read.
Section 4: That inasmuch as it is necessary for the peace, health, and safety of the
people of the City of Tigard that the said improvements be constructed with
the least possible delay, an emergency is hereby declared to exist, and this ordinance
shall become effective upon its passage by the Council and signature by the Mayor.
PASSED: By the Council, by unanimous vote of all Council members present, after
being read -two times by number and title only, this / 3 r3. day of April,
1982.
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Recorder-City of Tigard
APPROVED: By the Mayor, this qday of April, 1982.
Q,
Mayor City of Tigard
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ORDINANCE No. 82-
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EXHIBIT "A"
CITY OF TIGARD, OREGON
RESOLUTION NO. ')
DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN
AREA DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT, TO BE KNOWN AS HOOD-
VIEW SANITARY SEWER L.I.D. 0 32) DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFIN-
ING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND
ADOPTING PRELIMINARY PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF PROBABLE
COST AND SETTING A PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF.
WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council finds
it expedient and necessary to order the improvement herein described; and
WHEREAS, the Council finds that preliminary improvement plans, specifications
and estimates are satisfactory.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD as
follows:
(a) That the City Council dues hereby deem it expedient and necessary, and
does hereby declare its intention to create the aforesaid Hoodview Sanitary Sewer
L.I.D. 132.
(b) That all lands situated within the boundaries described on the attached
"EXHIBIT A" are determined and declared to be sanitary sewer improvement assessment
district, to be known as "Hoodview Sanitary Sewer Local Improvement District" 132
and it is further declared that each lot, part of lot and parcel of land within said
boundaries will be especially benefited by said improvements, and that the total
estimated cost of $28.800 for said improvements shall be assessed in full, on a per
lot basis, against all lands within said improvement district.
(c) That the plans, specifications and estimates with respect to the sewer
improvements as submitted by the City's engineers be, and the same are hereby,
adopted and ordered to be maintained on file by the City Recorder for public in-
spection.
(d) That Monday, the 12th day of April, 1982, at the hour of 8:00 P.M. at
Fowler Junior High School, Tigard, Oregon, be, and the same are hereby set as the
time and place for hearing and considering objections or remonstrances to the
proposed improvement by any parties aggrieved thereby.
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(e) That the City Recorder be, and she is hereby, directed to give notice by
causing to have this resolution published in the Tigard Times, issues of April 1,
1982, and April 18, 1982.
Dated at Tigard, Oregon this csa day of 1"t pyt (� , 1982.
President of"Council- City of�`Tigard
ATTE -T;
City Recorde - City Tigard
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Boundary Description, Location II, Lots 20-21, 28-31
Beginning at the SW corner of Lot 21, HOOD VIEW PLAT No. 2
in the SW-4L of Sec. 11, T-2S, R-1W, W.M. , Washington County,
City of Tigard, Oregon;. thence N 000 181 E along the west
.line of Lot 2.1 and projection thereof 162.78 feet to the
centerline of S .W. Kable Street; thence N 890 451 W, 223.20
feet along the centerline of said right of way to a point;
thence N 000 181 E, 25.00 feet to the southwest corner of .
Lot 28; thence N 000 181 E, 140.00 feet. to the northwest
corner of Lot 28; thence S 89 451 E along the north line
of Lots 28, 29, 30 and 31, 432.00 feet to the northeast
corner of Lot 31; thence S 000 181 W, 190.00 feet along the
east line of Lot 31 and projection thereof to the south right
of way line of S.W. Kable Street; thence S 890 451 E along
Haid right of way 61.20 feet to the northeast corner of Lot
20; thence S 000_ 18' W 136,74 feet along the east line of
Lot 20 to the southeast corner of Lot 20; thence N 890 58• W,
270.00 feet to the southwest corner of Lot 21, said point
being the point of beginning'.
^ HOOD VIEW
Rev: March 1, 1982 EXHIBIT "A" SANITARY SEWER
L. I. D. No.